Pennsylvania Lubricating Co. v. Wilhelm
Supreme Court of Pennsylvania
Appeal, No. 142, Oct. T., 1916, by plaintiff, from judgment for defendant of C. P. Allegheny Co., July T., 1916/ No. 1036, in case of Pennsylvania Lubricating Company v. Walter J. Wilhelm, Guardian of the Estate of Henry. Wilhelm. Assumpsit on an alleged contract for the sale of grease. The facts in the case appear in the opinion of the Supreme Court.
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Appeal, No. 142, Oct. T., 1916, by plaintiff, from judgment for defendant of C. P. Allegheny Co., July T., 1916/ No. 1036, in case of Pennsylvania Lubricating Company v. Walter J. Wilhelm, Guardian of the Estate of Henry. Wilhelm. Assumpsit on an alleged contract for the sale of grease. The facts in the case appear in the opinion of the Supreme Court. The court below, being of opinion that the question of law raised by defendant’s affidavit of defense filed under Section 20 of the Practice Act of May 14,1915, P. L. 483, presented a good defense to the plaintiff’s whole claim, entered judgment…
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This is an action by the vendee to recover damages for the breach of an alleged contract for the sale of two tank cars of Extraction Grease. The contract is evidenced by a letter from defendant to plaintiff of October 9,1915, as follows:
“Subject: Extraction Grease.
“Reverting to telephone conversation with our Mr. Walter J. Wilhelm, who is now East, we confirm sale of—
“2 tank cars Extraction Grease at $4.54 per cwt.
“Terms, 10 days net cash, f. o. b. Pittsburgh, which, in accordance with agreement, is subject to approval of *392type sample drawn from bulk, which will…
2Cases cited1 opinion
- Conard v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1906
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- Sloan Corp. v. LintonSupreme Court of Pennsylvania · 1918
- Windsor Manufacturing Co. v. S. Makransky & SonsSupreme Court of Pennsylvania · 1936
- Rasche & Co. v. CampbellSupreme Court of Pennsylvania · 1923
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